Supreme Court To Hear FTC Pay-For-Delay Antitrust Suit

Law360, New York (December 7, 2012, 5:16 PM EST) -- The U.S. Supreme Court agreed Friday to hear the Federal Trade Commission's challenge to patent settlements Solvay Pharmaceuticals Inc. inked with several generics makers to protect its blockbuster drug AndroGel, giving the justices a chance to clarify the antitrust standard for so-called pay-for-delay deals.

The court granted certiorari on the FTC's petition urging review of an Eleventh Circuit ruling that the Hatch-Waxman Act settlements are generally legal as long as they do not exceed the scope of the patent.

Justice Samuel Alito did not take part...
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